The Scope Of Protected Activity Under SOX

Law360, New York (August 9, 2007, 12:00 AM EDT) -- Section 806 of the Sarbanes-Oxley Act, 18 U.S.C § 1514A, creates a civil cause of action to protect “whistleblowing” employees against retaliation for reporting securities law violations or fraud against the shareholders of a public corporation.

The Department of Labor’s interpretive regulations state that “[a] determination that a violation has occurred may only be made if the complainant had demonstrated that protected behavior or conduct was a contributing factor in the unfavorable personnel action alleged in the complaint.”

Thus, to succeed under § 806, a complainant...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.